CMO: Court tells NCC to leave MCSN alone

The court also ordered that MCSN should continue to perform its lawful and legal functions as owner, assignee and exclusive licensee of copyrights for musical works and audio-visual works. Justice Mojisola Olatoregun-Ishola gave the order following an ex-parte application by Mr. Kemi Pinheiro (SAN) on behalf of MCSN. The application dated and filed on June […]

The court also ordered that MCSN should continue to perform its lawful and legal functions as owner, assignee and exclusive licensee of copyrights for musical works and audio-visual works.

Justice Mojisola Olatoregun-Ishola gave the order following an ex-parte application by Mr. Kemi Pinheiro (SAN) on behalf of MCSN.

The application dated and filed on June 4, 2010, was sequel to last month’s issuance of a certificate of approval to Copyrights Society of Nigeria (Ltd/Gte), (COSON) as the sole collective management organisation (CMO) charged with administering all rights, including royalties, for musical works and sound recordings in Nigeria by the NCC.

In the application, MCSN has urged the court for an injunction restraining NCC and its director general from interfering and/or disturbing it from performing the duties of negotiating and granting licenses, collecting royalties and distributing same in respect of copyrights in musical and audio-visual works, which MCSN is the owner, assignee and exclusive licensee.

MCSN also urged the court to allow it continue to perform its lawful and legal functions as an owner, assignee and exclusive licensee of copyrights for musical works and audio-visual works, pending the institution of a proposed substantive suit against NCC, its director-general, the Attorney General of the Federation and COSON.

 It further urged the court for an injunction restraining NCC and its director general from acting in connection with or relation to their decision refusing to grant an approval to MCSN.

Other reliefs sought by the applicant include an order abridging the length of period of the pre-action notice to seven days as against the three months stipulated by Section 47 of the Copyrights Act. They also sought for an injunction-restraining COSON from dealing with the entire repertoire of copyrights owned and administered by MCSN.

Directors and members of MCSN held a press conference on Tuesday June 22, 2010 at Airport Hotel, Lagos to intimate the public about the development. Present were Orits Williki- Chairman MCSN, Charles Oputa (Charly Boy) – Vice President/Northern Regional Director, Mr. Kenny Ogbugbe, Tunde Kuboye, Prince Segun Alile, Emma Oguguah, Chief Jossy Elegbede, Matthias Obiahgbon. Nollywood players were represented by Segun Arinze- President AGN and Abubakar Yakubu- PRO AGN. Present also were Solomon Aruya of Westside Music, Benedict Odiase, Idris Abdulkareem, Uncle Pee Vombastic, Mighty Mouse, Father U-Turn, Silent Rage amongst several others.